United States v. Charlene Wanna
2014 U.S. App. LEXIS 4258
| 8th Cir. | 2014Background
- Wanna, a district secretary for the Heipa/Veblen District of the Sisseton-Wahpeton Oyate Sioux Tribe, was salaried and authorized to participate in district funds and meetings.
- From 2007–2009 Wanna cashed or deposited 436 district checks totaling $111,465, many to herself, with incomplete documentation.
- Wanna authorized 679 checks to fellow board members, totaling over $430,000, for meetings and other transactions.
- Members frequently met at casinos; witnesses described sham meetings and money being gambled away.
- Jackie Wanna testified Wanna planned the scheme after learning Strutz illicitly obtained over $10,000 from the district, and casino employees corroborated frequent casino meetings.
- Wanna was convicted of misapplication of funds from an Indian tribal organization and aiding and abetting, and was sentenced to 33 months, at the bottom of the Guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supported conviction for misapplication | Wanna argues insufficient evidence to show willful misapplication | Government contends ample evidence of knowing, willful conduct | No; evidence supports conviction beyond reasonable doubt |
| Whether the district court erred in not departing or varying downward for health issues | Wanna contends health problems warranted 5H1.4 departure or 3553(a)(2)(D) variance | Government argues standard of review and no preservation of error; court properly declined | Court affirmed sentence within guideline range and no downward variance/departure warranted |
Key Cases Cited
- United States v. Chase, 451 F.3d 474 (8th Cir. 2006) (de novo review for acquittal; view evidence in Government’s favor)
- United States v. Cook, 603 F.3d 434 (8th Cir. 2010) (standard for reviewing acquittal and sufficiency of evidence)
- United States v. Washington, 318 F.3d 845 (8th Cir. 2003) (jury credibility resolving conflicts in favor of verdict)
- Gall v. United States, 552 U.S. 38 (2007) (presumption of reasonableness for within-Guidelines sentence; review)
- United States v. Von Crutcher, 529 F. App’x 802 (8th Cir. 2013) (affirming no abuse of discretion in denying downward variance)